Neutral Citation No. - 2025:AHC-LKO:27121 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 339 of 2025 Applicant :- Nazar Ali @ Najir Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1. As per report dated 7th May, 2025, notice issued earlier to the complainant has been duly served but no one has put in appearance on behalf of opposite party No.2. First anticipatory bail application has been filed with regard to complaint case No.142 of 2024, under Sections 354(A) IPC & Section 7/8 POCSO Act, P.S. Rupaideeha, District Bahraich. As per contents of complaint filed under Section 175(3) BNSS, applicant allegedly molested the minor daughter of informant on 27th June, 2024 at 2.00 P.M. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which would be evident from the fact that statement of victim recorded under Section 225 BNSS does not corroborate the allegations levelled particularly since there is neither any date nor time of the alleged incident which was said to have taken place. Learned counsel has drawn attention to the statement of other witness recorded under Section 225 BNSS and another evidence of witness Nitu recorded under Section 225 BNSS as P.W.2 wherein time of incident differs from that indicated in the F.I.R. It is submitted that no medical examination was conducted. There is no corroborating evidence against the applicant. It is submitted that the application preferred under Section 175(3) BNSS has subsequently been treated as complaint case. Learned A.G.A. has opposed bail application with the submission that basic allegation levelled against the applicant is corroborated by the victim and there is no serious contradiction in the allegations levelled against the applicant. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that application filed by the complainant has been treated as complaint case whereafter the statement of victim and other witnesses have been recorded. It is relevant that the victim does not indicate any date or time of the event which therefore does not corroborate the date and time as indicated in the F.I.R. The aforesaid aspect however would be subject matter of evidence during course of trial. The aspect of medical examination of the victim or the absence thereof would also be a relevant factor to be considered by trial court. The applicant is said to be 60 years of age without any previous criminal history. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Nazar Ali @ Najir Ali shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. The application stands disposed of. Order Date :- 8.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench